Department of the Interior December 2007 – Federal Register Recent Federal Regulation Documents

Under the provisions of Public Law 97-451, the Bureau of Land Management (BLM) received a petition for reinstatement of the oil and gas leases, ARES 52198 and ARES 52200 located in Scott and Montgomery County, Ouachita N.F., Arkansas, and ARES 53624 located in Yell County, Ouachita N.F., Arkansas. The petition was filed on time and was accompanied by all rentals due since the date the leases terminated under law.

Per 30 U.S.C. 188(d), GPE Energy, Inc. and Spyglass Cedar Creek LP timely filed a petition for reinstatement of oil and gas lease SDM 90990, Harding County, South Dakota. The lessee paid the required rental accruing from the date of termination. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $10 per acre and 16-2/3 percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of the lease and $163 cost for publishing this Notice. The lessee met the requirements for reinstatement of the lease per Sec. 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10 per acre; The increased royalty of 16 2/3 percent or 4 percentages above the existing competitive royalty rate; and The $163 cost of publishing this Notice.

The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law Number forthcoming). Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108- 451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.

The Bureau of Land Management (BLM) has submitted an Information Collection Request (ICR) to OMB for review and approval. The ICR is scheduled to expire on December 31, 2007. The BLM may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. However, under OMB regulations, the BLM may continue to conduct or sponsor this information collection while it is pending at OMB. On June 21, 2006, the BLM published a notice in the Federal Register (71 FR 35698) requesting comment on this information collection. The comment period ended on August 21, 2006. The BLM received no comments. You may obtain copies of the collection of information and related forms and explanatory material by contacting the BLM Information Collection Clearance Officer at the telephone number listed in the ADDRESSES section below.

The Secretary of the Interior proposes to withdraw approximately 472 acres of Federal lands from surface entry and mining and transfer jurisdiction to the U.S. Fish and Wildlife Service (FWS) to be managed as part of the Sacramento River National Wildlife Refuge (Refuge). This notice segregates the lands for up to 2 years from surface entry and mining while various studies and analyses are made to support a final decision on the withdrawal application. The lands will remain open to mineral and geothermal leasing and mineral material sales.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

In accordance with the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Northeast California Resource Advisory Council will meet as indicated below.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Mojave- Southern Great Basin Resource Advisory Council (RAC), will meet as indicated below.

We, the U.S. Fish and Wildlife Service (Service), announce the reopening of a comment period on our draft recovery crediting guidance for an additional 60 days. We solicit comment from all interested parties on the contents of the draft guidance and the likely effects of its implementation.

A parcel of public land of approximately 2.65 acres in Lander County, Nevada is being proposed for sale under the provisions of section 203 of the Federal Land Policy Management Act of 1976 (FLPMA) (43 U.S.C. 1713), at no less than the appraised fair market value to resolve unauthorized use of the public lands.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Nerd Gas Company, LLC for competitive oil and gas lease WYW157577 for land in Uinta County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.059% (.00059) for tier 2 for calendar year 2007. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the final fee rate on class II revenues for calendar year 2007 shall be one-half of the annual fee rate, which is 0.0295% (.000295).

We, the U.S. Fish and Wildlife Service (Service), are designating critical habitat for Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (Ash-gray Indian paintbrush), and Eriogonum kennedyi var. austromontanum (southern mountain wild- buckwheat) under the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,769 acres (ac) (722 hectares (ha)) of land fall within the boundaries of the critical habitat designations for these three species. Approximately 1,412 ac (571 ha) of Federal and private land are being designated as critical habitat for Arenaria ursina; approximately 1,769 ac (722 ha) of Federal, State, and private land are being designated as critical habitat for Castilleja cinerea; and approximately 904 ac (366 ha) of Federal and private land are being designated as critical habitat for Eriogonum kennedyi var. austromontanum. All lands included in these final designations are in San Bernardino County, California. These final designations include an addition of a total of 258 ac (111 ha) from the total area included in the 2006 proposed designations for these species.

Notice is hereby given that a meeting of the Tallgrass Prairie National Preserve Advisory Committee (the Committee) will be held on Friday, February 8, 2008, at 9:30 a.m. at the Chase County Community Building, Swope Park, 1715 RD 210, Cottonwood Falls, Kansas. The primary purpose of the meeting will be to receive Committee input on the Environmental Assessment, General Management Plan Revision/Site Development Study for New Visitor Center, Administrative, and Maintenance Facilities and to discuss other current and future topics concerning the preserve. The meeting will be open to the public. Any person may file with the Committee a written statement concerning the matters to be discussed. Persons who wish to file a written statement or testify at the meeting or who want further information concerning the meeting may contact Superintendent Stephen T. Miller at (620) 273-6034.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended), the National Park Service announces the availability of the Draft General Management Plan and Environmental Impact Statement for Governors Island National Monument, New York. Consistent with National Park Service laws, regulations, and policies, and the purpose of the National Monument, the Draft GMP/EIS describes and analyzes four alternatives (A-D) to guide the management of the Monument over the next 15 to 20 years. The alternatives incorporate various management prescriptions to ensure protection, access and enjoyment of the park's resources. Alternative A is a no action alternative. Alternative D is the National Park Service's preferred alternative. Alternative D proposes the National Monument be developed as a Harbor Center with partners as a hub of activities and a jumping off point for visitors to explore New York Harbor. The Draft GMP/EIS evaluates potential environmental consequences of implementing the alternatives. Impact topics include the cultural, natural, and socioeconomic environments. This notice also announces that a public meeting will be held to solicit comments on the Draft GMP/EIS during the public review period. The date, time and location will be announced on the park's Web site https://www.nps.gov/ gois, in local papers and can also be obtained by calling 212.825.4162.

The Bureau of Reclamation (Reclamation) and the San Luis & Delta-Mendota Water Authority (Authority) are preparing a joint EIS/ EIR, pursuant to the National Environmental Policy Act and the California Environmental Quality Act, to evaluate effects of extending the Grassland Bypass Project (Project) until December 31, 2019. The Project's use of the San Luis Drain (Drain) was only authorized until December 31, 2009. Additionally, subsurface drainage flows discharged to Mud Slough (North) were to have met water quality objectives by October 1, 2010, as required by the Regional Water Quality Control Board, Central Valley Region's (CVRWQCB) 1998 Water Quality Control Plan (Basin Plan) for the Sacramento River and San Joaquin River Basins. However, difficulty in acquiring final funding has delayed the development and availability of treatment and disposal technology to reduce selenium loads to meet the 2010 deadline. It is anticipated that the extension to 2019 would allow enough time to acquire funds and develop feasible treatment technology to meet Basin Plan objectives and Waste Discharge Requirements. A scoping meeting will be held to solicit input on alternatives, concerns, and issues to be addressed in the EIS/EIR. Written comments may also be sent.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

The Bureau of Reclamation published a notice in the Federal Register on March 6, 2006 (71 FR 11226) announcing the commencement of work under the National Environmental Policy Act on an environmental impact statement for the Northwest Area Water Supply Project (NAWS Project). We are now notifying the public that Reclamation has prepared a Draft EIS which is now available for review and comment. The Draft EIS provides information and analyses related to water treatment for the NAWS Project that would further minimize the transfer of potentially invasive species from the Missouri River basin into the Hudson Bay basin from potential treatment or conveyance failures. The Draft EIS analyzes the potential environmental, cultural, and socioeconomic effects of four alternatives.

The MMS proposes that all lessees, operators, permittees, and rights-of-way holders pay all fees for processing plans, applications, and permits electronically. The MMS believes this proposed rule would aid industry in payment processing, and reduce payment processing errors. This proposed rule would improve MMS processing efficiency and facilitate the correction of industry payment errors. The MMS would not accept checks, money orders, or cashier's checks for payment of fees after the effective date of the final rule.

Pursuant to the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), a petition for reinstatement of oil and gas leases NVN-75674, NVN-75675, NVN-75676, NVN-75677 and NVN-75678 for lands in Elko County, Nevada, was timely filed and was accompanied by all the required rentals accruing from May 1, 2006, the date of termination. No valid lease has been issued affecting the lands. The lessee, Cedar Strat Corp. has agreed to new lease terms for rentals and royalties at rates of $5 per acre or fraction thereof and 16-2/3 percent, respectively. Cedar Strat Corp. has paid the required $500 administrative fee and has reimbursed the Bureau of Land Management for the cost of this Federal Register notice. Cedar Strat Corp. has met all the requirements for reinstatement of the lease as set out in sections 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate the lease effective May 1, 2006, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above.

The Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore (Seashore) is established under the authority of 16 U.S.C. 1a-2(c), and in accordance with the Negotiated Rulemaking Act, 5 U.S.C. 561-570. The establishment of this Committee is in the public interest and supports the NPS in performing its duties and responsibilities under the NPS Organic Act, 16 U.S.C. 1 et seq.; Executive Order 11644, as amended by Executive Order 11989; 36 CFR 4.10; the Endangered Species Act, 16 U.S.C. 1531 et seq.; the enabling legislation for the Seashore, 16 U.S.C. 459 et seq.; and other legal authorities. An unusual combination of events in the preparation, approval, and transmission of this notice has resulted in the publication of this notice less than 15 days before the date of the first meeting and official date of establishment. The National Park Service has made extraordinary efforts to provide other forms of notification to all Committee members and to the public.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), and the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508), the National Park Service, Department of the Interior, has prepared a Final Environmental Impact Statement and Final Environmental Impact Report (Final EIS/EIR) for the Wetland and Creek Restoration at Big Lagoon. The National Park Service (NPS) and Marin County have prepared the Final EIS/EIR in accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The Final EIS/EIR analyzes multiple alternatives for ecological restoration, public access improvements, bridge replacement, and fill disposal locations; an ``environmentally preferred'' alternative is identified. Background: The project at Big Lagoon would restore a functional, self-sustaining ecosystem, including wetland, riparian, and aquatic components. This restoration project would re-create habitat for sustainable populations of special-status species, reduce flooding on Pacific Way, and provide a compatible visitor experience. This project is needed to address the extensive loss of natural function for channel conveyance, sediment transport, channel stability, and diminished habitat for federally endangered coho and federally threatened steelhead; the increased flooding on Pacific Way; and the critical need for sustainable habitat for the California red-legged frog. With many of the impacts resulting from facilities necessary to accommodate public and residential access, access is needed in a manner that is compatible with ecosystem function. A successful project would meet the following goals: Restore a functional, self-sustaining ecosystem, including wetland, aquatic and riparian components. Develop a restoration design that (1) functions in the context of the watershed and other pertinent regional boundaries, and (2) identifies and, to the extent possible, mitigates factors that reduce the site's full restoration potential. Consistent with restoring a functional ecosystem, re- create and maintain habitat adequate to support sustainable populations of special status species. Reduce flooding on Pacific Way and in the Muir Beach community caused by human modifications to the ecosystem, and work with Marin County to ensure that vehicle access is provided to the Muir Beach community. Provide a visitor experience, public access, links to key locations, and resource interpretation that are compatible with the ecosystem restoration and historic preservation. Work with the Federated Indians of Graton Rancheria to incorporate cultural values and indigenous archaeological sites resources into the restoration design, visitor experience, and site stewardship. Provide opportunities for public education and community- based restoration, including engaging local and broader communities in restoration planning and site stewardship. Coordinate with local transportation planning efforts to identify project features that are compatible with transportation improvements and consistent with the ecosystem restoration. Range of Alternatives Considered: The Final EIS/EIR evaluates three alternatives for ecological restoration, six alternatives for public access, and four alternatives for a new Pacific Way Bridge and road. The ``agency preferred'' alternative consists of the Creek Restoration Alternative, 175 Cars Rotated Parallel to Pacific Way Public Access Alternative, and the 250 foot-long Bridge with Highest Road Bridge Alternative. Below is a topical summary of the alternatives under consideration: Ecological Restoration alternatives include: The No Action alternative would leave Redwood Creek in its current alignment and would not propose any large-scale physical modifications to the site. The Creek Restoration alternative would involve relocating approximately 2,000 linear feet of Redwood Creek to the topographically lowest portion of the valley, while maintaining a habitat mix similar to current conditions; the Creek and Small Lagoon Restoration alternative would combine riparian restoration components with restoration of open water and wetland habitats by creating two open- water lagoons, one on either side of the new channel; and the Large Lagoon Restoration alternative would create a periodically brackish open-water habitat similar to historic (1853) conditions, modified to reflect existing constraints of Pacific Way and private property by creating a large lagoon with fringing wetlands extending to the valley's edge just landward of Muir Beach. Public Access alternatives include: The No Action alternative would retain the 175 Cars at Beach in its current configuration. The 50 Cars at Beach alternative would construct a 50-space parking lot at the beach at the site of the existing parking lot; the 145 Cars at Beach alternative would retain the same footprint as the existing parking lot, but the lower 90 feet would be removed to accommodate a maximum of 145 vehicles; 175 Cars at Beach alternative would accommodate a maximum of 175 vehicles, the same number as the existing parking lot. The lot would be about the same size as the existing parking lot, but it would be pulled back from the creek further than the minimum 90 feet to create a minimum distance of about 180 feet from the creek. It would also expand further northward into existing riparian habitat; the 175 Cars Rotated Parallel to Pacific Way alternative would have the same 175-car capacity but rotate the parking lot parallel to Pacific Way; the 200 Cars at Beach alternative proposes the largest parking lot of all the alternatives with a maximum of 200 vehicle spaces located in the same area as the existing parking lot; and the 118 Cars at Alder Grove alternative would designate most parking away from the beach in an area known as the Alder Grove but would provide 14 Disabled-Accessible Parking Spaces and a drop-off turnaround at the beach. Bridge alternatives include: The No Action alternative would not change Pacific Way Road or the bridge. The 50 foot-long Bridge with a Raised Road alternative would free-span the 35 foot-wide channel and have a deck at 16.5 feet NGVD and be raised on the north and south approaches; the 50 foot-long Bridge with a Low Road alternative would free-span the 35 foot-wide channel and have a deck height at approximately 15 feet NGVD but would not be raised on the north and south approaches; the 150 foot-long Bridge with Raised Road alternative would span both the new 35 foot-wide channel and areas of riparian habitat and floodplain on either side of the channel and would be supported by 2 foot-wide piers, placed at approximately 40-foot intervals; and the 250 foot-long Bridge with Highest Road alternative would span the entire available riparian zone and floodplain from the Pelican Inn on the north to the existing bridge on the south and would have the highest deck of all the alternatives, between 16.25 and 18 feet NGVD and be supported by two foot-wide piers, placed at approximately 40-foot intervals. Scoping And Public Review: Between December 2002 and December 2004, 17 public meetings were held, as well as a variety of site visits and meetings with representatives of various agencies. On December 3, 2002, a Notice of Intent to prepare an EIS was published in the Federal Register beginning the formal scoping phase and identifying goals for the project. Three public scoping meetings were held on October 22, October 29, and November 2, 2002, with a site visit for the public held on November 9, 2002, to solicit input on the project and its potential impacts. Following these meetings, a Big Lagoon Working Group consisting of interested individuals, agencies, and organizations was formed to help develop project alternatives. The working group convened regularly in meetings that were open to the public. In addition, two alternatives workshops were held for the public on September 30 and October 4, 2003. The results of those workshops, as well as a more detailed summary of the scoping process, were distributed in the Alternative Public Workshops Report (2004). Finally, Marin County circulated a Notice of Preparation of an Environmental Impact Report on April 27, 2004, soliciting comments on the specific issues to be included in the scope of CEQA environmental review. All of these activities informed the alternatives formulation process. The Notice of Availability for the Draft EIS/EIR was published December 18, 2006 in the Federal Register and the document was made available for a 75-day public review and comment period. Following release of the Draft EIS/ EIR, NPS and Marin County held two public meetings to present the project to interested parties and to answer questions about the project. These meetings were held on January 18 and 31, 2007. NPS and Marin County also conducted a public hearing at the Marin County Planning Commission in San Rafael, California, on February 26, 2007, to receive comments on the draft document.

Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (Pub. L. 91-190, as amended) and the implementing regulations promulgated by the Council on Environmental quality (40 CFR 1505.2), the Department of the Interior, National Park Service has released a Final Environmental Impact Statement (EIS) for the General Management Plan (GMP). The Regional Director, Pacific West Region has approved the Record of Decision for the GMP and supporting Comprehensive River Management Plans which together will guide management, research and operations at Sequoia and Kings Canyon National Parks over the next 10-15 years. The formal no-action period was officially initiated November 17, 2006, with the U.S. Environmental Protection Agency's Federal Register notification of the filing of the Final EIS. Decision: As soon as practicable the Parks will begin to implement a comprehensive range of activities and programs planned so as to enhance the park's ability to carry out its mission while limiting the amount of new environmental impacts from development and usethe selected plan was identified and analyzed as Preferred in the Final EIS. The new plan maximizes ecological restoration where possible, while the basic character of park activities and the rustic architecture of facilities is retained. River protection measures safeguard the existing and eligible and suitable wild and scenic rivers. A modest increase in day use is accommodated through alternative transportation systems and redesign of some roads and parking. Visitors are offered more diverse opportunities to experience the parks. A Wilderness Stewardship and Stock Use Plan will be developed, with formal opportunities for public involvement in the planning as well as review. The parks will refine the visitor carrying capacity framework so as to preserve park resources and ensure a quality visitor experience. As documented in the Final EIS, this course of action was deemed to be ``environmentally preferred''. The preferred plan and four alternatives were identified and analyzed in the Final EIS, and previously in the Draft EIS (the latter was distributed in May, 2004). The full spectrum of foreseeable environmental consequences was assessed, and appropriate mitigation measures identified, for each alternative. Beginning with early scoping, through the preparation of the Draft EIS, numerous public meetings were hosted in Three Rivers, Grant Grove, Visalia, Clovis, Fresno, Sacramento, San Francisco, Bishop, Los Angeles and elsewhere. As a result of the extensive scoping outreach of GMP mailing list of about 3,700 entries was developed. Approximately 400 oral and written comments were received in response to the Draft EIS. Key consultations or other contacts which aided in preparing the Draft and Final EIS involved (but were not limited to) the State Historic Preservation Office, the U.S. Fish and Wildlife Service and California Department of Fish and Game, the Bureau of Land Management, the U.S. Forest Service, and Tribal representatives. Local communities, county and city officials, and interested groups and organizations were contacted extensively during initial scoping and throughout the conservation planning and environmental impact analysis process. Copies: Interested parties desiring to review the Record of Decision may obtain a complete copy by contacting the Superintendent, Sequoia-Kings Canyon National Parks, Three Rivers, CA 93271; or via telephone request at (559) 565-3341.

We are reopening the comment period on the Federal Register notice published on October 15, 2007, that invited the public to comment on the Draft Mosquito and Mosquito-Borne Disease Management Policy Pursuant to the National Wildlife Refuge System Improvement Act of 1997.